Towncryer Inc., operating as XterminatePro . XterminatePro.com, assists users in researching, hiring, rating, and reviewing a wide range of service contractors (collectively, “Service Providers”). These Terms of Use define your responsibilities when accessing XterminatePro’s websites, mobile apps, and services.
- ACCEPTANCE OF TERMS
The XterminatePro’s website, accessible at www.xterminatepro.com , along with the mobile application and all related sites, mobile apps, and the various content, features, and services offered therein, are owned and operated byTowncryer Inc. Your access to and use of these Sites and Services are governed by the Terms of Use outlined below.
PLEASE READ THESE TERMS CAREFULLY. By accessing, downloading, or using any of the Sites and Services, you agree to be bound by these Terms and Conditions. If you do not agree with all the terms, you must not use the Sites and Services.
- MODIFICATIONS TO TERMS OF USE
XterminatePro reserves the right to modify these Terms of Use at any time, with changes becoming effective upon posting the updated Terms on the Sites and Services. You are responsible for reviewing these updates regularly. If you do not agree with the modified terms, you must immediately cease using the Sites and Services and notify XterminatePro to remove you from any mailing lists or communication channels linked to your use of these Sites and Services. **CONTINUED USE OF THE SITES AND SERVICES AFTER SUCH CHANGES** constitutes your acceptance of the modified Terms of Use.
- USING THE SITE AND SERVICES
Provided you fully comply with these Terms of Use,XterminatePro
grants you a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Sites and Services for personal purposes. You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or exploit any part of the Sites or Services or their content for any purpose other than personal use, as permitted by these Terms of Use, without XterminatePro’s express written consent.XterminatePro may modify, update, suspend, or discontinue any part of the Sites and Services at any time, with or without notice, at its sole discretion, and shall not be liable to any user or third party for any such changes.
- USER CONDUCT
As a condition for accessing and using the Sites and Services, including submitting or viewing any ratings, reviews, communications, information, data, text, photos, audio, video, or other materials (collectively, “Content”), you agree not to use the Sites and Services for any unlawful purpose or for any purpose not intended by XterminatePro. This includes, but is not limited to:
– Violating these Terms of Use or any other applicable agreements with XterminatePro, as well as any local, state, national, or international laws, rules, or regulations.
– Using the Sites and Services in a way that infringes on, misappropriates, or violates any third party’s rights, such as transmitting Content that infringes on intellectual property rights, rights of publicity, or any other rights.
– Utilizing the Sites and Services for unauthorized purposes, including commercial, political, or religious activities, or submitting any Content that contains advertisements, promotional materials, spam, or other solicitation.
– Reproducing, duplicating, copying, modifying, selling, or exploiting any Content or the Sites and Services for any commercial or educational purpose without express written consent from XterminatePro.
– Posting irrelevant or repetitive Content that places an undue load on the infrastructure, or otherwise interfering with the proper functioning of the Sites and Services.
– Harassing, threatening, or impersonating others, falsifying contact information, or misrepresenting a relationship with any person or entity, including XterminatePro.
– Knowingly submitting false or misleading information.
– Accessing the Sites and Services if under the age of 18.
– Taking any action that undermines the review and rating process of the Sites and Services.
– Attempting unauthorized access to the Sites and Services, other user accounts, or related systems or networks.
– Engaging in any activity that interferes with XterminatePro’s rights or those of other users.
– Engaging in hacking, password mining, or using any unauthorized means to gain access to any part of the Sites and Services or related systems.
– Selling, sharing, or transferring your account information or rights under these Terms of Use.
– Transmitting viruses, malware, or other harmful programming routines designed to disrupt, damage, or interfere with the Sites and Services.
– Using automated devices, programs, or algorithms to access, monitor, or copy information from the Sites and Services, circumventing the navigational structure or accessing Content not made available for public use.
– Testing the vulnerability of the Sites and Services or connected networks, breaching security or authentication measures, or attempting to trace any information about other users or XterminatePro customers.
- XterminatePro’S SERVICES
When accessing or using specific services or features, you may be subject to additional agreements, guidelines, or rules that are incorporated by reference into these Terms of Use.
- REGISTRATION INFORMATION
Creating an account may be required to access certain parts of the Sites and Services. You must provide accurate, current, and complete information during registration and maintain its accuracy. You are responsible for keeping your account information confidential and for all activities under your username and password.
- SUBMITTING CONTENT
When submitting Content, you grant XterminatePro a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, distribute, publicly display, create derivative works from, and otherwise exploit the Content. You warrant that you have all necessary rights to submit the Content and that it will not violate any laws or rights of others.
- PUBLICATION AND DISTRIBUTION OF CONTENT
XterminatePro acts as a passive conduit for the publication and distribution of Content and does not guarantee the accuracy, integrity, or quality of any Content. You acknowledge that you are responsible for evaluating the risks associated with the use of any Content.
- SERVICE PROVIDERS
XterminatePro is not responsible for any Content, products, or services provided by third-party service providers. Any dealings or interactions with service providers are solely between you and the provider, andXterminatePro is not liable for any issues arising from such interactions.
- HEALTH-RELATED PROVIDERS
The Sites and Services are for informational purposes only and do not constitute medical advice. Always consult a qualified health provider with any medical concerns. XterminatePro is not responsible for any reliance on the information provided on the Sites and Services.
- TERMINATION
XterminatePro may terminate your access to the Sites and Services at any time without notice. Upon termination, you must cease all use of the Sites and Services. Certain provisions of the Terms of Use will survive termination.
- TRADEMARKS AND COPYRIGHTS
XterminatePro’s trademarks, trade dress, and other content on the Sites and Services are protected by intellectual property laws and may not be used without permission.
- DELAYS AND ACCESSIBILITY
The Sites and Services may encounter delays, limitations, or failures common with Internet and electronic communication use. XterminatePro is not liable for any damages resulting from such issues.
- USER FEEDBACK
While XterminatePro values user feedback, we do not accept unsolicited creative ideas, suggestions, or materials. Any such submissions become the property of XterminatePro, with no obligations of confidentiality or liability for future use.
- WARRANTIES AND DISCLAIMERS
XterminatePro disclaims all warranties related to the Sites and Services, which are provided “as is” and at your own risk. We are not responsible for any inaccuracies, errors, or damages arising from the use of our Sites and Services. Any material downloaded or accessed is at your discretion, and XterminatePro is not liable for any resulting damage. XterminatePro does not guarantee that the Sites and Services will meet your expectations or be free of interruptions or errors. In jurisdictions that do not allow the exclusion of implied warranties, XterminatePro’s liability will be limited to the extent permitted by law.
- INDEMNITY
You agree to indemnify, defend, and hold XterminatePro and its affiliates, including officers, managers, employees, agents, successors, and service providers, harmless from any losses, liabilities, expenses, damages, claims, or costs, including reasonable attorney fees and court costs, that arise from: (a) your violation of these Terms of Use; (b) any inaccurate or misleading content or information you provide or submit to XterminatePro ; or (c) any intentional or willful infringement of another’s rights or harm you may cause. XterminatePro will retain sole control over the defense of any such claims.
- LIMITATIONS OF LIABILITY
You acknowledge and agree that XterminatePro will not be responsible for any direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages (even if XterminatePro has been informed of the possibility of such damages), including those arising from: (a) your use or inability to use the service; (b) costs of goods or services acquired through the service; (c) unauthorized access to or alteration of your information or content; (d) content you submit or transmit through the service; (e) actions of any service providers or third parties through the service; (f) any other issues related to the service; (g) any breach of this agreement by XterminatePro or failure to provide the service under this agreement; or (h) any dealings with service providers or their agents. These limitations apply to the fullest extent permitted by law. In jurisdictions where such limitations are not allowed, some of the above limitations may not apply to you. You also understand that your unlimited access to website content is a substantial portion of the value of your membership fee. Therefore, if XterminatePro is found liable for anything related to this agreement or service, XterminatePro’s liability will be limited to one (1) month of your membership fee. Additionally, XterminatePro uses a third party to process your payment, and you agree that neither the credit card processor nor any other party involved in the process will be liable for any damages resulting from XterminatePro’s failure to provide services or any breach of this agreement. You release all such parties from liability and agree to indemnify them for any damages arising from your breach of this section. XterminatePro alone will be responsible for any damages payable to you under this agreement.
- ENTIRE AGREEMENT
These Terms of Use, along with any other agreements, rules, and policies referenced herein, represent the entire agreement between you and XterminatePro, superseding any prior agreements or discussions. Additional terms may exist between you and third parties, and you confirm that these third-party agreements do not conflict with your obligations to XterminatePro.
- MUTUAL ARBITRATION AGREEMENT
To reduce costs and expedite resolution, you and XterminatePro may attempt to resolve disputes informally before proceeding to arbitration or court. If unresolved, disputes will be settled by final and binding arbitration under the rules of the American Arbitration Association (AAA). Each party will bear its own attorney fees, and XterminatePro will pay arbitration costs if you cannot. The arbitrator will resolve all disputes, except for those excluded by this section. Excluded disputes include those related to intellectual property rights, small claims, and claims for injunctive relief. You and XterminatePro agree to arbitrate disputes individually, not as part of a class action. If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect.
- GOVERNING LAW
This agreement is governed by Indiana state law, without regard to conflict of law provisions.
- MISCELLANEOUS
XterminatePro may pursue any legal or equitable remedy for breaches of these Terms of Use. If any provision is found invalid, it will be limited or removed to the minimum extent necessary, and the remaining terms will continue in full force. These Terms of Use cannot be transferred by you without XterminatePro’s written consent, but XterminatePro may transfer or delegate its rights and obligations without consent. Compliance with all applicable laws is your responsibility, and no joint venture, partnership, or employment relationship is created by these Terms of Use. Each of the Released Parties is an intended third-party beneficiary of these Terms of Use.